WHAT IS THE MEANING OF CONSTITUTION, ORIGIN TYPES AND SO ON AND SO FORTH
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CONSTITUTION
DEFINITION:
A constitution is defined
as a body of agreed rules and principles stating how the powers of governing a
country are given and how these powers are to be exercised. It also establishes
a basic frame work of fundamental law of the land. By so doing, it checks and
sets limits not only to the actions of government but also the actions of ordinary
citizens. The constitution also states the rights, duties and obligation of the
citizens.
ORIGIN
OF CONSTITUTION
The constitution was drafted
by the constituent assembly which was elected by elected members of the
provincial assemblies. The 389 member assembly (reduced to 299 after the
partition of India) took almost three years to draft the constitution holding
eleven sessions over a 165 days period.
The word constitution is
from Latin, from “constitutes” which means “setup” or “Established”. The
constitutions where written and signed in Philadelphia in the assembly room of
the Pennsylvania state house, now known as independence hall. This was the same
place the Declaration of independence was signed. The constitution was written
during the Philadelphia convention now known as the constitutional convention
which convened from may 25 to September 17, 1787. It was signed on September
17, 1787.
THE
PREAMBLW OF A CONSTITUTION
A constitution contains a
preamble which declares its aspiration. This is also the introduction of the
spirit upon which the constitution is drawn. It is located at the beginning of
the (written) constitution.
The preamble to a
constitution is an introduction to the constitution and usually bears the
formal heading “Preamble”. It presents the history behind the constitutions
enactment, and sometimes sets out the nations core principles and values.
Constitutional preambles generally cover some
or all the following issues:-
i. Sovereignty.
ii. Historical
Narratives.
iii.
Supreme goals.
iv.
National identity.
v.
God or religion.
SOURCES
OF CONSTITUTIONS
1. It
is necessary that the history of the people should be considered in preparing
the basic rules that govern them. Past political developments do forms a part
of their history.
2. The
laws or enactments by parliament’s forms part of constitutional framing. These
are laws made by the National Assembly which affect the constitution.
3. These
are accepted political precepts and practices which of ten form a part of the
instruments of a country’s constitution. They are the ways of doing things that
have been established. This does not have any legal implication if it is not
carried out or followed.
4. Past
judgments at law courts on constitution matters and they often form the basis
for a new constitution.
5. The
beliefs, institutions, norms and values of the people, and they are important
in the formulation of the constitution.
FEATURES OF A CONSTITUTION
a. THE
PREAMBLE:-A constitution contains a preamble which declares its aspiration.
b. THE
POLITICAL STRUCTURE:-It states the structure of government, whether unitary or
federal and at the same time defines the division of powers among the
components units in the state.
c. THE
PARTY SYSTEM:-The constitution also reveals the type of party system to adopt
one party, tow party or multiple party systems.
d. TYPE
OF ADMINISTRATIVE STRUCTURE:-The constitution states the administrative
structure that would be operated.
e. TENURE
OF OFFICE OF GOVERNMENT:-It state how long a government can stay in office. For
example, the Nigerian constitution of 1979 states that a government should not
stay more than four years in office.
TYPES OF CONSTITUTION
1. WRITTEN
CONSTITUTION:-A written constitution is defined as a document or set of
document or set of document establishing the selection of rules embodied in a
document in which the fundamental principle s concerning the organization of a
political system, powers of its various agencies are written down and codified.
2. UNWRITTEN
CONSTITUTION:-It is defined as one in which fundamental principles of the
organization and powers of a government are not codified in one document. It is
usually a combination of status, judicial principles, customs and conventions
which guide the operation of government.
3. FEDERAL
CONSTITUTION:- A federal constitution is one which divide and apportions political
powers to the different tiers of government in a particular country for
example, the central, state and derived from the constitution. Autonomy of each
unit is therefore guaranteed.
4. UNITARY
CONSTITUTION:-In a unitary constitution, all political powers are concentrated
in the hands of a single central authority or government. The constitution
recognized the sole authority of the central government. Other component units
for instance, state or local governments had no powers deposited in them.
MERITS OF WRITTEN CONSTITUTION
1) IT
IS EASILY AVAILABLE:-Since it is a single document, it can easily be obtained and
studied, making it possible for the people to know their rights duties and
obligations.
2) IT ALLAYS THE FEAR OF DOMINATION:-It protects
the minority interest against the domination by the majority.
3) PROPER
DOCUMENTATION:-It allows for proper document and entrenchment of fundamental
Human rights.
4) FOR
EASE OF REFERANCE:-For example, judges in the law courts can easily turn to it
while deciding case.
5) IT
ENSURES POLITICAL STABILITY:-Since it is a single document, the method of
acquiring power is clearly stated. This makes for political stability.
6) PREVENTS
CONFLICT IN THE EXERCISE OF POWER:-This is possible because the constitution
has stated clearly and separately the powers and functions of each organ of
government.
DEMERITS OF WRITTEN CONSTITUTION
1.
TYPE OF GOVERNMENT:-A written constitution
may not fully accommodate different types of government, for instance, a
unitary form of government.
2.
A REFERENCE POINT:-it is written and can
easily be referred viduals, individuals against the government etc, especially,
when their rights are trampled upon.
3.
FREQUENT CONFLICT: Written constitution can
cause frequently if their functions are not properly defined.
4.
TENDDENCY TO CAUSE POLITICAL TENSION: this
may result if it does not favour a particular group and it can cause disaffection
and bad blood within the political system.
5.
IT CAN DISCOURAGE REFORMES: the process of
amendment can take a very long time and this may discourage necessary reforms.
MERITS
OF UNWRITEN CONSTITUTION
1. IT
IS FLEXIBLE: it does not require special procedure for its amendment. It can be
done in the same way ordinary laws are made.
2. EASY
TO INTERPRET: it is flexible and not rigid and so the constitution can easily
be interpreted.
3. FEW
INDIVITDUAL CAUSES: Cases involving individuals institutions, etc may not be as
frequent as in written constitution.
4. ISSUE
OF FLEXIBLILITY: This can help to reduce friction among the three organs of
government.
DEMERITS
OF UNWRITTEN CONSTITUTION
1.
NOT EASILY KNOWN: Since the customs,
conventions, stated etc making up an unwritten constitution are not contained
in a single document, they are not easily known.’
2.
NOT EASE OF REFFRENCE: it cannot be easily
turned or studied the way we study written constitution.
3.
VIOLATION OF RIGHTS OF THE CITIZENS: this
could be made possible in the process of arbitrary changes of the constitution.
4.
ARBITARY GOVERNMENT: This could be made
possible in the exercise of powers and functions by political leaders.
5.
NO CHECKS AND BALANCES: Unwritten
constitution does not have checks and balances which are usually entrenched in
written constitution.
FEATURES OF FEDERAL CONSTITUTION
1.
RIGID AND UNWRITTEN: Federal constitution
are always rigid and written.
2.
EXERCISE OF POWER: Powers exercised by
different organs are from the constitution.
3.
ANTONOMY OF THE UNITS: There is autonomy of
the units making up a federation.
4.
BI-CAMERAL LEGISLATURE: it always adops a
bi-cameral legislature, for example, senate and House of Representatives.
5.
DIVISION OF POWERS: Powers are shared
between the central government and other subordinate units e.g states local
government e.t.c
MERITS OF FEDERAL
CONSTITUTION
1.
UNIT IN DIVERSITY: this is achieved despite
the differences in tribes, culture, language, beliefs, e.t.c. A federal
constitution makes for unity in diversity.
2.
DUPLICATION OF FUNCTIONS: Functions are
duplicated, creating the above for employment opportunities in the system.
3.
DOMINATION: No particular tribe, religious
group or sectional interest is specially favoured in a federal state. No power
group can dominate others.
4.
POLITICAL STABILITY: Stability is achieved
in the system. This is because every interest group is accommodated. There is
no opposition.
5.
POWER SHARING: Power are shared between the
centre and other component units, for instance, state and local governments.
The tendency of power to be concentrated in one hand is therefore erased.
DEMERIT OF FEDERAL
CONSITUTION
1.
SECESSION: A section of thw country may have
feelings of rejection and would want to secede or break away.
2.
UNHEALTHY RIVALRY: This could came up among
states in the areas of development, revenue, allocation, etc.
3.
TOO EXPENSIVE TO OPERATE: A federal
constitution is too expensive to operate and maintain. This is as a result of
duplication of functions.
4.
WEAK CENTRE: A federal constitution may
produce a weak centre. This may affect decision-making and states may take the
advantage of this to arrogate more to their states or regions than to the
national government. To them states come first before the national government.
FEATURES OF A UNITARY
CONSITUTION
1.
FLEXIBILITY: The constitution of a unitary
state is flexible, making it easy to amend.
2.
LOYALTY: Citizens pay loyalty to only one
government and that is central government.
3.
POLITICAL POWERS: All political powers are
concentrated in the hands of a single central government.
4.
COMPONENT UNITS: Component units are created
by the central government and they subordinate to it.
5.
SUPREMACY OF THE LEGISLATURE: There is
supremacy of the legislature and not the constitution.
MERITS OF UNITARY
CONSTITUTION
1.
DEVELOPMENT: The developments of the various
unit are even and uniform because the Centre decides for all.
2.
UNITY: The concentration of powers in the
hands of central government makes it possible for it to enforce unity in the
country.
3.
COST-SAVING: Not many workers are involved
and so the cost of running the system is reduced to the barest minimum.
4.
QUICK DECISION-MAKING: Decision are easily
made in a unitary state with a unitary constitution. This is because the
central government makes decisions in the country.
5.
DUPLICATION OF FUNCTIONS: Unnecessary
duplication of functions are avoided.
DEMERITS OF A UNITARY
CONSITUTION
1.
INTEREST GROUPS: it is not possible for a
unitary constitution to accommodate every interest group in a system.
2.
SMALL COUNTRY: Constitution is only suitable
for a country like Nigeria, U.S.A, etc.
3.
HOMOGENOUS SOCIETY: Unitary constitution is
only suitable for a country that is homogenous in ethnic composition, culture,
language, etc.
4.
CONCENTRATION OF POWER: Concentration of
power in one arm of government can lead to abuse or misuse of political power.
5.
EMERGENCY OF A DICTATOR: A unitary
constitution can produce a dictator. This is because all powers are
concentrated in the hands of the central government.
METHODS OF AMENDMENT
there are two different
methods of amending a constitution and these are: I). Rigid Constitution, II).
Flexible Constitution.
1.
RIGID CONSTITUTION: Rigid constitution is
defined as one that is very different to amend or change. It requires special
process or a complicated method before it can be amended or changed. Most
written constitution are rigid.
2.
FLEXIBLE CONSTITUTION: It is defined as the
type of constitution is the same as that of the passing of ordinary law, the
constitution is said to be flexible. Again, the amendment can easily be done by
a simple majority in the legislature.
MERITS OF A RIGID
CONSTITUTION
1.
IT IS A CHECK: Rigid method of amendment is
a check against rash and hasty decision. Issues have to be properly examined
before actions are taken on them.
2.
POLITICAL STABILITY: It makes way for
political stability in a country. This is
because of the laid down procedure for constitution changes.
3.
REDUCTIO OF VIOLENT OR REVOLUTIONARY
INTENTIONS: it reduced violent or revolutionary intention the barest minimum.
4.
ENHANCEMENT OF INDIVIDUALS RIGHTS: These
right are not subject to arbitrary change by the government. Adequate
consideration is mostly given to the people when a change is sought.
5.
IT SERVES AS A RESTRAINT: Rigid constitution
restrains or prevents unscrupulous political from manipulating the constitution
to achieve selfish or sectional or sectional ends.
DEMERITS OF A RIGID
CONSTITUTION
1.
ABUSE OF RIGHT: The democratic rights of the
people may be abused or tramped upon.
2.
INNAVATIONS: Rigid constitutions are
resistant to change and innovations.
3.
DELAY TO RAPID GROWTH: It is a delay to
rapid growth and development. A cross-section of the citizens are consulted
before amendments are made or introduced.
4.
SLOW ECONOMIC GROWTH: The amendment of a
rigid constitution may lead to slow economic growth and development.
5.
COMPLICATED METHOD OF AMENDMENT: The method
of amendment is complicated so cannot be reasonably adopted in times of
emergencies.
MERITES OF A FLEXIBLE
CONSTITUTION
1.
IT CAN EASILY BE CHANGED: This is easily
done to meet with fresh and unforeseen contingency.
2.
DECISION – MAKING: It helps government to
take a quick action or decision.
3.
INTRODUCTION OF NEW LAWS: Obsolete laws can easily be replaced with new ones.
4.
IT CAN EASILY MEET WITH PEOPLE’S NEED: The
needs and aspiration of the people can easily be met because of the ease in
amending the constitution.
DEMERITS OF A FLEXIBLE CONSTITUTION
1.
MANIPULATION: The provisions of the
constitution can easily be manipulated by a powerful leader.
2.
UNSUITABLE FOR A FEDERAL SET-UP: This is
because the rights of autonomy of some states may be Jeopardised by some
radical reforms.
3.
RIGHTS OF INDIVIDUALS: Fundamental rights of
individuals may be infringed upon and may increase the fears of the minority
and other ethnic disharmony.
4.
DIFFERENT INTERESTS AND OPINIONS: Different
interests and opinions may not be promoted but could be suppressed.
5.
SECTIONAL INTEREST: A section of the country
can use its influence or position to amend the constitution to achieve
sectional interest.
FUNDAMENTAL HUMAN RIGHT
Fundamental human rights
can be defined as those inalienable (natural) rights, and privileges enjoyed by
the citizens of a given state which are usually stated in the constitution of a
country. It is the responsibility of the state to ensure that its citizens
enjoy these rights.
REASON WHY IT IS INCLUDED
IN THE CONSTITUTION
1.
IT MAKES FOR REFERENCE: Since constitutions
are documented, it can easily be referred to.
2.
IT PREVENTS DICTATORSHIP: The inclusion of
fundamental human right in the constitution prevents dictatorship thereby
limiting the powers of the rules.
3.
PEOTECTION OF CITIZEN’S RIGHTS: It equally
ensures constitutional protection of citizen’s right.
4.
TO SEEK REDRESS: To enable citizens seek
redress for violation of their rights in law courts.
5.
EEFECT A CHANGE: With its inclusion of the
fundamental human rights in the constitution, no government will find it easy
effecting a change in them.
FUNDAMENTAL HUMAN RIGHTS
INCLUDE THE FOLLOWING:
1.
Right to life
2.
Right to freedom from deprivation of
personal liberty
3.
Right to freedom from discrimination
4.
Right to hold public offices
5.
Right to education
6.
Right to fair and equal hearing
7.
Right to freedom of movement
8.
Right to vote and be voted for
9. Right to ownership of property
10. Right to religious freedom
FUNCTION
OF A CONSTITUTION
1.
A constitution defines the power of
government.
2.
A constitution protects the right of a
citizen
3.
The constitution also protects the right of
the minority
4.
The constitution shows the way a country is
governed.
5.
A constitution set the limits of use of
power by the government
6. A constitution shares power among the three arms of government (the Executives, Legislatives, And Judiciary).
